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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Anupati Ramaswamy – Appellant
Versus
M. Nirmala Devi – Respondent
JUDGMENT :
RENUKA YARA, J.
Heard Sri Rohan Aloor, learned counsel for the appellants on the question of admission. Perused the record.
2. This Second Appeal is preferred aggrieved by the Judgment and Decree in A.S.No.14 of 2023, dated 10.06.2025 on the file of the learned Principal District Judge at Mahabubnagar, confirming the Judgment and Decree in O.S.No.101 of 2011 dated 17.03.2022 on the file of the Principal Junior Civil Judge Mahabubnagar.
3. The Respondent No. 1 originally filed a suit seeking relief of perpetual injunction against the appellants herein and respondents 2 to 6 with respect to property consisting of agricultural land to an extent of Ac.1.00 Gts. out of Ac.9.33 Gts. in Sy.No.154/2 situated at Yenugonda Village, Mahabubnagar Mandal and District. The Respondent No.1 claimed to have purchased the suit schedule property through a registered sale deed from appellant Nos.2 and 8, respondent No.3 and fathers of some of the appellants/respondent Nos.2 to 6, who were occupants of the suit land. The suit schedule property is Inam land. The respondent No.1 secured occupancy rights certificate from the Revenue Divisional Officer, Mahabubnagar after due enquiry. The respondent
In a suit for perpetual injunction, the plaintiff's possession prevails over claims of title disputes, emphasizing the need for factual evidence of possession rather than just title claims.
A suit for injunction is not maintainable without a concurrent suit for declaration of title when ownership is disputed, emphasizing the necessity of primary evidence in possession claims.
A suit for injunction is not maintainable if the plaintiff has knowledge of unclear title issues and the vendors lack the right to convey property.
The court affirmed that in seeking an injunction over immovable property, examination of title is necessary if challenged by the opposing party.
In a suit for injunction, the burden lies on the plaintiffs to prove prima facie case, balance of convenience, and irreparable loss, failing which the appeal may be dismissed.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
For perpetual injunctions, the appellant must affirmatively prove possession and existence of land, especially against counterclaims of conversion, failure of which leads to dismissal.
A suit for permanent injunction is not maintainable when the defendant raises a genuine dispute regarding the plaintiff's title, and the plaintiff fails to prove lawful possession.
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